Interpretation Response #11-0245 ([DENTSPLY International, Caulk Division] [Mr. Kevin Marrow])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/21/2011

Company Name: DENTSPLY International, Caulk Division

Individual Name: Mr. Kevin Marrow

Location State: DE Country: US

View the Interpretation Document

Response text:

November 21, 2011

Mr. Kevin Marrow

DENTSPLY International, Caulk Division

38 West Clarke Avenue

Milford, DE 19963

Reference No.: 11-0245

Dear Mr. Marrow:

This responds to your September 14, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180) applicable to the use of the Materials of Trade (MOTs) exception provided in § 173.6. In your letter, you state that you are a manufacturer of equipment and supplies used by dentists, and that your equipment and supplies use raw materials that require quality control testing. You ask if the MOTs exception would apply to small samples of these raw materials transported between your manufacturing plants on public roads in support of your business.

Provided the raw materials you are transporting are in a hazard class and quantity that are allowed by § 173.6, the answer is yes, you would be allowed to transport the raw materials as MOTs. Section 173.6 contains specific provisions for certain hazardous materials meeting the definition of MOTs, as defined in § 171.8. MOTs that are being transported by private motor vehicle are not subject to any other requirements of the HMR except those set forth or referenced in § 173.6.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.6

Regulation Sections